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<br />between the United States Government and the Lessor which remain a part hereof by <br />reference. Lessor further covenants that upon payment of the rent, the Lessee shall have <br />and enjoy, during the term hereof, quiet and undisturbed possession of the demised <br />premises and all appurtenances appertaining, together with the right to use the runways and <br />taxiways of the Airport as contemplated, provided, however, that this Lease is subject to the <br />rights of the United States of America to have exclusive or non-exclusive use, control and <br />possession without charge, of the Airport or any portion thereof during periods of national <br />emergency; and further subject to the right of the Federal Aviation Administration and United <br />States Government to take a portion of the airport premises for air traffic control activities, <br />weather reporting activities, or communication activities related to air traffic control, all as <br />provided in the Deeds. <br /> <br />13.8 Nothing contained in this lease shall be deemed or construed by the parties, nor by any third <br />party, as creating the relationship of principal and agent or of partnership or of joint venture <br />between the parties, it being understood and agreed that neither the method of computation <br />of rent, nor any other provision contained in this lease, nor any acts of the parties, shall be <br />deemed to create any relationship between the parties other than the relationship of Lessor <br />and Lessee. <br /> <br />13.9 Lessee warrants that it has had no dealings with any broker or agent in connection with the <br />negotiation or execution of this Lease and Lessee agrees to indemnify and hold Lessor <br />harmless from and against any and all costs, expense or liability for commissions or other <br />compensations and charges claimed by any other broker or agent with respect to this Lease. <br /> <br />13.10 The Parties agree that the Laws of the State of Texas shall govern this Lease and that <br />proper venue for enforcement of this Lease shall lie in Hays County, Texas. <br /> <br />ARTICLE. XlVI <br />Notices <br /> <br />14.1 Wherever any notice is required or permitted, the notice shall be in writing and deposited in <br />the United States mail, postage prepaid, certified mail, return receipt requested, addressed <br />to the parties at the respective addresses set out below, or at other addresses as have been <br />specified by written notice delivered in accordance with this lease. <br /> <br />Lessor <br /> <br />Lessee <br /> <br />CITY OF SAN MARCOS <br />Attention: City Manager <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br /> <br />North American Top Gun, Inc. <br />Mr. Bruce Moore <br />4900 U.S. 1 North <br />St. Augustine, Florida 32095 <br /> <br />During the Lease Period: <br />Building 6-367 <br />San Marcos Airport <br />San Marcos, Texas 78666 <br /> <br />11 <br />